M/s. Baroda Medicare Private Limited
Case brief
What is this about?
The Gujarat Appellate Authority held that hospital-provided occupational health check-ups, including preventive care and wellness camps, are exempt GST 'Health Care Services' rather than taxable 'Social Care Services', aligning with prior Service Tax exemptions.
What did the court decide?
Exemption granted for occupational health check-up services under Entry No. 74 of Notification No. 12/2017-CT (Rate).
What the court decided
GUJARAT APPELLATE AUTHORITY FOR ADVANCE RULING GOODS AND SERVICES TAX A/5, RAJYA KAR BHAVAN, ASHRAM ROAD, AHMEDABAD – 380 009.
ADVANCE RULING(APPEAL) NO. GUJ/GAAAR/APPEAL/2022/09 (IN APPLICATION NO. Advance Ruling/SGST&CGST/2021/AR/02)
Date : 23.05.2022
| Name and address of the appellant |
: | Baroda Medicare Private Limited, Sunshine Global Hospital, 285/1, Plot No. 3, Manjalpur, Vadodara – 390 011. |
|---|---|---|
| GSTIN of the appellant | : | 24AADCB2295A1Z7 |
| Advance Ruling No. and Date | : | GUJ/GAAR/R/106/2020 dated 30.12.2020 |
| Date of appeal | : | 04.2.2021 |
| Date of Personal Hearing | : | 20.07.2021/ 22.03.22 |
| Present for the appellant | : | Shri Dhruvank Parikh, CA |
The appellant, M/s. Baroda Medicare Private Limited is running 3 multispecialty hospitals under the Brand name ‘Sunshine Global Hospitals’ at Manjalpur, Vadodara and Surat.
- The appellant filed an application for advance ruling before the Gujarat Authority for Advance Ruling (herein after referred to as the ‘GAAR’), wherein it raised the following questions for advance ruling –
- (i) Whether the supply of medicines, surgical items, implants, consumables and other allied services & items provided by the hospital through their hospital in-house pharmacy, as well as food, room rent, other services to the in-patients, is part of composite supply of health care treatment; and hence not taxable under CGST / SGST ?
Issues for consideration
2 issues framed by the court
Whether supply of Occupational Health Check-up services by a hospital to corporate entities constitutes exempt 'Health Care Services' under GST.
Whether the schema of Human Health and Social Care Services (SAC 9993) overrides the specific entry for exempt Health Care Services.
Parties & counsel
- appellant
Baroda Medicare Private Limited
Coram
Milind Torawane
Seema Arora
Case details
As recorded by the court registry
- Court
- GST AAAR
- Decided on
- · May
- Case no.
- GUJ/GAAAR/APPEAL/2022/09
- Topic
- GST and Indirect Tax
Similar cases
Judgements on the same questions, provisions and authorities, from every court